问题 单项选择题

甲公司委托王某购买10台品牌机电脑,王某私自委托朋友张某代为购买,张某购买了10台组装电脑,甲公司拒绝支付价款,以下说法正确的是( )

A.甲公司无权拒绝支付价款

B.王某应支付价款

C.张某应支付价款

D.甲公司和王某对支付价款承担连带责任

答案

参考答案:B

解析:[考点] 复代理(转委托)的法律后果 《民法通则》第68条规定:“委托代理人为被代理人的利益需要转托他人代理的,应当事先取得被代理人的同意。事先没有取得被代理人同意的,应当在事后及时告诉被代理人,如果被代理人不同意,由代理人对自己所转托的人的行为负民事责任,但在紧急情况下,为了保护被代理人的利益而转托他人代理的除外。”《合同法》第400条规定:“受托人应当亲自处理委托事务。经委托人同意,受托人可以转委托。转委托经同意的,委托人可以就委托事务直接指示转委托的第三人,受托人仅就第三人的选任及其对第三人的指示承担责任。转委托未经同意的,受托人应当对转委托的第三人的行为承担责任,但在紧急情况下受托人为维护委托人的利益需要转委托的除外。” 根据这两条规定,代理人转委托的,应当取得被代理人的同意或事后追认,如果被代理人不同意,代理人对复代理人的行为负民事责任。本题中王某未经委托人甲公司的同意即转委托,甲公司有权拒绝承担复代理人的行为后果,王某作为代理人应对复代理人的行为承担责任,所以AD选项不正确,B选项正确。张某作为复代理人不承担复代理行为的后果,所以C选项不正确。

单项选择题
阅读理解

It’s five minutes before the exam and you are in a state of panic. You just have to pass it, but how? You didn’t even open the book the night before and you hear a voice in your head saying “Cheat, cheat ...” So what are you going to do, ignore it and fail or go for it? It’s a tough decision many students must make.

Most young people believe that cheating is wrong. However, they have cheated at least once in their high school years. So, why do they do it? Are they too lazy to study? Perhaps, it’s not as simple as that. According to some experts, one main reason why students cheat is that they see their friends get away with it. It’s an easy way out. They avoid embarrassment and their parents’ anger for not doing well in an exam. Another reason is that students think it’s OK to cheat if the subject isn’t important for their future career. What’s more, most students have to put up with the pressure of getting into university. They need to get good marks to carry on with their studies. This means that there will always be students who will do anything for a better mark.

It has never been easier to cheat than it is today. With all the technology available, students needn’t cheat by looking over their shoulders anymore. They use mobile phones to send answers to each other during a test. There is also the Internet. With hundreds of websites, students don’t have to worry because they can find lots of material which they can copy and use in projects. There are even tips on the art of cheating in exams.

Obviously, if you get caught cheating, you fail the exam or the subject. But it doesn’t really matter whether you get caught or not. What’s important is that it’s wrong. You mustn’t cheat because cheating is a lie. It deceives (欺骗) people into thinking you know more than you actually do. How can you be proud of something you have achieved through cheating? In the end, it’s not about deceiving your teachers and your parents, but about fooling yourself that you can do something you really can’t.

小题1:The tough decision that many students have to make before an exam is         .

A.whether to cheat or not

B.what to do if they fail

C.how to cheat

D.how to keep calm小题2:According to the experts, why do some students cheat?

A.The subjects are important for their future.

B.They are too lazy to study.

C.Cheating can help them please their parents.

D.Their friends ask them to cheat.小题3:The worst thing about cheating is that         .

A.you cheat others and yourself

B.you can get caught and fail

C.you give others a bad impression

D.your teacher will inform your parents小题4:Which sentence best summarizes the whole text?

A.Cheating can be explained but not excused.

B.Technology has made cheating easier.

C.Students cheat to get into university.

D.Cheating is a social and psychological problem.